In Practice
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At home and away: UK insolvency jurisdiction
In this In Practice article the authors focus on the practical considerations when commencing insolvency proceedings in the UK and the new complexities both at home and away, applicable from the start of 2021.
13 June 2024A SIPP from the devil’s cup: Adams v Options UK Personal Pensions appeal
In this In Practice article, the authors consider the Court of Appeal decision in Adams v Options UK Personal Pensions1 in which a regulated firm was found liable because its unregulated introducer “encouraged” clients to enter investments.
13 June 2024Impact of the Corporate Governance and Insolvency Act 2020 on securitisation transactions
In this In Practice article, the author discusses the key implications of the Corporate Governance and Insolvency Act 2020 (CIGA) for securitisation transactions.
13 June 2024The UK’s National Security and Investment Bill: implications for loan financings and related collateral
The UK’s new National Security and Investment Bill will create a new, standalone screening regime allowing the government to review acquisitions of “control” of legal entities and assets and to prohibit such acquisitions or impose remedies on them, if it identifies national security concerns. The new regime is expected to enter force in Summer/Autumn 2021. The government’s draft Statement of Policy Intent accompanying the Bill confirms that, “although loans are not exempt from scrutiny, the overwhelming majority of these are expected to pose no national security concerns, including within the core areas. In the rare circumstances where they do pose concerns, the Secretary of State generally only expects to intervene when an actual acquisition of control will take place (e.g. a lender seizing collateral)”. This In Practice article provides a broad summary of the main features of the new national security screening regime and highlights how loans and related security can be impacted.
13 June 2024Key considerations for lenders when lending to individuals
Lending to individuals can be a challenging area for lenders, as they are required to comply with consumer regulations and must always consider the high-risk nature of certain individual borrowers. In this article, Sukh Ahark of RPC identifies key considerations for lenders when lending to individuals and outlines certain due diligence and legal drafting requirements that can protect lenders from any associated risks.
03 June 2024US SRT structures require cross-practice and cross-geography legal expertise
As the US “significant risk transfer” market catches up to its European equivalent, cross-practice legal teams are playing an important role in ensuring compliance with regulatory requirements for both banks and investors.
03 June 2024Secured vs unsecured personal lending by fintechs
In this In Practice article the authors consider the difficulties of secured personal lending by fintechs and how the application of technology can mitigate risk without requiring security.
03 June 2024Deal contingent derivatives: managing risk in M&A transactions
In this In Practice article the authors consider the key terms of deal contingent derivatives.
29 May 2024Tracing and freezing cryptocurrency in Hong Kong and Singapore
With the rise of cryptocurrency, fraud involving cryptocurrency has also grown exponentially. In the first of this series, as a high-level overview, we explore different methodologies and approaches to tracing, freezing and recovering cryptocurrency in Hong Kong, Singapore and other common law jurisdictions.
29 May 2024Amending legacy contracts
In this In Practice piece the author considers the various approaches to documenting amendments to legacy contracts to cater for near risk-free rates.
29 May 2024
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